Medical spas that offer medical procedures must be owned by doctors. Most shares must be owed by a California licensed physician. In addition, no more than 49% can be owned by a health professional other than a doctor. At no time can a medical corporation be indebted by a layperson.
Not surprisingly, many non-medical businessmen and healthcare professionals see an opportunity in medical spa ownership, but aren't sure how to proceed. The fact of the matter is that in most of the U.S. UU. States, the services provided by medical spas are considered medical.
Under a legal doctrine known as the “corporate practice of medicine,” only a doctor or a corporation owned by a doctor can own a medical facility. In addition, only physicians or corporations owned by physicians can collect patients' fees for the provision of medical services. Medical spas that offer medical procedures must be owned by a doctor. In California, corporate practice of medicine is not allowed.
Only doctors can own and operate a doctor's office, corporation, or business. Doctor must own the office or be employed by the medical corporation or company (which is also owned by licensed physicians). The doctor must be the practice owner or be an employee of the medical corporation or company (which is also owned by licensed physicians). Nor can a California medical spa “rent a license” (hiring a doctor, be it a doctor, an osteopathic doctor, or a naturopathic doctor) or otherwise violate corporate provisions on medical practice.
Not only can physicians serve as medical directors of Med Spa, but they must operate the Med Spa under their medical practice and license. And non-doctors, like nurses, can't have a stake in the ownership of a medical business. In California, Botox and other similar cosmetic procedures offered as medical spa treatments are considered prescriptions. Because of this, physicians, physician assistants, or advanced nurse practitioners must legally provide a bona fide examination of the patient before providing the service.
In a good faith exam, the doctor will physically and thoroughly evaluate the patient and consult their medical history to determine if the patient is fit for the procedure. However, if you also want to offer cosmetic and aesthetic procedures, you must also comply with spa and salon regulations, which means hiring qualified personnel with the appropriate cosmetology licenses to perform the treatments. Nor can a California medical spa “rent a license” (hiring a doctor, be it a doctor, an osteopathic doctor, or a naturopathic doctor) or otherwise violate corporate provisions on the practice of medicine. Often, doctors working in different medical specialties, such as plastic surgery, see the operation of a medical spa as an opportunity to earn additional money while running two offices.
All California physicians who own and operate Med Spas must understand the risks to their medical licenses associated with this expansion of their doctor's offices. Only physicians (and other medical professionals) licensed in California can own shares in a medical corporation or be partners in medical practice. Knowing the laws and requirements of medical spas in California before taking any action can save you a lot of time and money. Med Spa physicians must be “expert and competent” in the delegated procedure and “be able to perform it” according to California Medical Board regulations.
When establishing a practice, it's important to know the complex laws and regulations of the medical spa. Some of the services offered by medical spas include skin tightening, injectable dermal fillers, non-surgical fat reduction procedures, acne treatments, laser hair removal and Botox treatments, among others. For medical professionals, medical spa treatments are a great opportunity to provide care in a new and exciting environment. All California physicians who own and operate Med Spas should understand the risks to their medical licenses associated with this expansion of their medical practices.
While some nurses may perform certain acts, as a general rule, no medical spa should be opened without a doctor associated with it. AmSpa provides legal, compliance and commercial resources for medical spas and aesthetic medical practices. . .
